Cosmetic surgery legislation

​​​​From March 2017 it became a requirement for any facility in NSW undertaking certain cosmetic procedures (except dental) to be licensed.

Any procedures meeting the definition of cosmetic surgery in the NSW Private Health Facilities Regulation 2024​ is only to be undertaken in private facilities licensed in accordance with the Private Health Facilities Act 2007 .

Cosmetic surgery to occur in a licensed facility is defined as

1. abdominoplasty (also known as tummy tuck)
2. ​​​​belt lipectomy
3. brachioplasty (also known as ​​armlift)
4. ​​breast augmentation or reduction, including by fat transfer or for gynecomastia​
5. buttock augmentation, revision, reduction or lift, including by fat transfer​
6. ​​calf implants
7. ​facial implants that involve ​​inserting an implant on the bone or surgical exposure to deep tissue
8. ​fat transfer involving the transfer of more than 500mL of lipoaspirate in a 24-hour period​​​​
   
9. liposuction involving the removal of more than 500mL of lipoaspirate in a 24-hour period​​
10. mastopexy or mastopexy augmentation
11. necklift
12. ​​pectoral implants
13. penis augmentation
14. rhinoplasty, other than revision rhinoplasty​
15. superficial musculoaponeurotic system facelift, also known as SMAS facelift​
16. ​vaginoplasty or labiaplasty or hymenoplasty​
17. ​another surgical procedure that is intended to change a person's appearance or body for cosmetic purposes, and ​involves anaesthesia, including a Bier block​ ​​
    

but does not include any dental procedure.

Under the Regulation there are transitional arrangements in place for cosmetic surgery involving fat transfer and liposuction. The reference to 500mL until the beginning of 1 March 2025 is taken to reference 2.5 litres of lipoaspirate.

​revision rhinoplasty means a rhinoplasty performed on a patient as least 12 months after an initial rhinoplasty is performed on the patient if -​

a. ​the procedure requires only a local anaesthetic to be administered​, and ​
b. ​the procedure does not involve bony structures or turbinates, and
c.​ if a nasal airway is obstructed - the obstruction is minor and may be corrected by removing mucous membrane or cartilage, and 
d. the patient has an adequate amount of skin available to perform the procedure. ​​​




These requirements were introduced following serious incidents involving cosmetic surgery in NSW in unlicensed facilities. These legislative requirements are aimed at protecting the public, directly relate to clinical care and safety, and to the safety of the premises where procedures are performed.

Facilities that perform any of these procedures must be licensed

Cosmetic surgical procedures are subject to the same licensing standards that currently apply to all licensed private health facilities. The general licensing standards are set out in Schedule 2 of the Private Health Facilities Regulation 2024​ and the associated licensing standards that apply to the cosmetic surgery class are detailed in Schedule 3 of the Regulation.

Monitoring of unlicensed private facilities performing cosmetic surgery in NSW

The Ministry's Regulation and Compliance Unit monitors compliance with the cosmetic surgery legislation in unlicensed facilities.

It is an offence to conduct an unlicensed private health facility. If the Ministry receives information that a premises may be conducting an unlicensed private health facility, the Ministry does have powers (and uses them) to enter and inspect the premises and, if there is sufficient evidence, to prosecute the operator.

Enforcement powers under the Private Health Facilities Act 2007

Part 5 sections 50, 51A,51B and 52 of the Private Health Facilities Act 2007 gives authorised officers the powers to:

• enter and inspect licensed and unlicensed premises
• require answers from the licensee, or operators of an unlicensed premises
• provide information and documents to authorised officers
• issue improvement notices.

More information

Regulation and Compliance Unit
Telephone: +61 2 939​​1900​​0​​
Email: MOH-PrivateHealthCare@health.nsw.gov.au
Postal Address: (please note email correspondence is preferred)
Locked Mail Bag 2030, St Leonards NSW 1590